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Agreement with the nanny: how to make and what to prefer

Agreement with the nanny: how to make and what to prefer

The main thing is to be able to choose from a variety of people who want to work as nannies in families, the person who wants and will be able to study exactly your baby in accordance with their age needs. Of course, not any nanny will suit your child.

Say, babies from 0 to 1 years old will need a nanny without any regalia, since babies of this age require mainly general care: feeding, hygiene, bathing, walking, putting the child to sleep, washing and ironing children’s clothes, cleaning children’s room, etc. Babies from 1 year to 4 years old will also need: cooking based on the children’s menu, washing children’s dishes, development by age, games and entertainment. Accordingly, it is welcomed that the nanny either has a secondary specialized pedagogical education, or experience in kindergarten.

Preschoolers from 4 to 6 years old will additionally require training for school. In this case, it is also welcomed that the nanny has a specialized secondary or higher pedagogical education or experience in kindergarten or school.

At the same time, in all the above cases, the experience of a nanny in a family is also important.

After you find a suitable nanny for the precious child, for your own peace of mind, it is necessary to formalize labor relations with her to the fullest extent of the law. If you find a babysitter through an agency, then it will take care of all the legal registration of the contract.

If you find a babysitter yourself, you can conclude two types of contracts with her: an employment contract and a service contract.

Proper registration of relations with a nanny by entering into a contract has a number of undeniable advantages:

  • First, it is the consolidation on paper of the rights and obligations of the parties to the contract, which, as a rule, nullifies the perplexities and omissions on this issue. The wider and more specific the list of duties, the less a nanny may have questions about what she should do and what not. In addition, you will have the legal right to demand the fulfillment of certain duties if they are not fulfilled or are not properly performed by the nanny.
  • Secondly, in the event of a serious breach of the contract by the nanny, you will have the right to defend your rights in court. If something happens to your child as a nanny, and you will be forced to go to the police or the court, a formal contract will be proof that the nanny worked for you.
  • Thirdly, you will fix in the contract the amount and terms of payment for the work of the nanny, which again will reduce the risks of misunderstanding on such a sensitive issue. You will be able to fix the amount of money in it before deducting the tax or taking it into account, to prescribe the terms of payment for “overtime” work, vacation, sick time, idle time, etc.

IT IS IMPORTANT! Before you conclude an agreement, you should ask the nurse for a passport with registration, a medical book not from a commercial, but from the district clinic in the place of residence, employment record or employment contracts (if there are no entries in the booklet), recommendations from previous employers with their telephone numbers , reviews and data of the child who was looked after by the nanny (if any).

Ask a nanny to make copies of these documents for you, or make copies yourself.

Agreement with the nanny: how to make and what to prefer

1. LABOR CONTRACT with a nanny

The advantages of concluding an employment contract with a nanny:

  • probationary period for a nanny
  • paid nanny leave
  • paid sick leave for a nanny
  • work experience for a nanny
  • on wages nannies insurance premiums are charged to the funds and taxes are paid to the state budget

As you can see, the advantages of concluding an employment contract, except for the condition on the establishment of a probationary period, are obvious, but mostly not for you, but for the nanny. For you, the conclusion of an employment contract with a nanny also entails additional obligations of the employer according to Art. 303 of the Labor Code of the Russian Federation (hereinafter – the Labor Code of the Russian Federation):

  • draw up an employment contract with the employee in writing;
  • pay insurance premiums and other obligatory payments in the manner and amount determined by federal laws;
  • to issue insurance certificates of state pension insurance for persons entering work for the first time;
  • register the employment contract with the local government at the place of residence in accordance with the registration procedure.

The text of the employment contract with a nanny indicates:

  • surname, name, patronymic of the employee and surname, name, patronymic of the employer;
  • information about the identity documents of the employee and employer;
  • place and date of the employment contract.

In addition, you must include in the employment contract the mandatory conditions listed in art. 57 of the Labor Code of the Russian Federation:

  • place of work;
  • job duties;
  • the date of commencement of work (and in the case when a fixed-term employment contract is concluded, also its duration and circumstances (reasons) that served as the basis for concluding a fixed-term employment contract);
  • wage conditions (including bonuses);
  • the mode of working time and rest time (the normal working time of an employee cannot exceed 40 hours per week, that is, with a 5-day working week, the working day of an employee cannot last more than 8 hours, and the duration of annual paid leave is not less than 28 calendar days) ;
  • condition about compulsory social insurance of the employee.

You can also add additional conditions to the contract, for example, a condition on probation (Art. 70 of the Labor Code of the Russian Federation) and other important points for you.

IT IS IMPORTANT! If you want to change some of the terms of the employment contract, you will need to notify the nanny about this in writing at least 14 calendar days in advance.

Note! An employer – an individual has no right to make entries in the workbooks of employees and to issue employment records to employees who are hired for the first time. This is stated in Art.

309 of the Labor Code of the Russian Federation. The document confirming the period of work with such an employer is an employment contract concluded in writing.

The contract is signed in two copies, one copy for you, the other – for the nanny. At the same time on your copy of the nanny must sign the confirmation of receipt of his copy of the contract.

2. Service Agreement with a Nanny

The advantages of concluding a service agreement with a nanny:

  • lack of probation period for nannies
  • lack of work experience for nannies
  • no obligation to provide social guarantees for the nanny
  • no obligation to pay insurance premiums
  • no obligation to register a contract

The advantages of entering into this type of contract are obvious to you, since this type of contract does not provide for the existence of statutory obligations.

The service agreement is a civil law agreement and is governed by Chapter 39 of the Civil Code of the Russian Federation (hereinafter – the Civil Code of the Russian Federation). In accordance with paragraph 1 of Art.

779 of the Civil Code of the Russian Federation under the contract of compensated provision of services, the contractor undertakes to provide services on the instructions of the customer (to perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

In this contract only should be listed:

  • list of services provided;
  • procedure for the provision of services;
  • the cost of these services;
  • procedure for payment of services.

Also in the contract it is desirable to provide a period during which you can terminate it.

Note! Regardless of which contract you choose, the nanny will be obliged to pay the personal income tax (NDFL) to the state budget on the nanny’s salary / remuneration for the services provided by the nanny.

1. Considering that the nanny is new to your family, and immediately remember everything you tell her, she will not be able to write detailed instructions for her on how to act in certain situations. The rules of communication you have drawn up will also be absolutely appropriate: what topics can be discussed with the child, whether it is possible to punish him and other similar moments.

Some parents encourage strictness and strict adherence to the regime, while others feel that any prohibition hurts the child and it is better to fulfill all his whims – in any case, such issues should be resolved by the employer.

2. Among the nannies there is an opinion that they can enter into a contract only through the agency in which they draw up a form for finding a job. This is a common mistake, because No agency can forbid a nanny to enter into an agreement directly with her “employer”, especially if the nanny found a job without the help of such an agency.

Therefore, if your nanny refuses to enter into a contract, citing the agency’s prohibition, explain to her that she is free to choose a job and no one can restrict her in the rights to enter into a contract (regardless of his type) and work for you.

Nanny: 12 difficult situations
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The most common claims from parents to a nanny are commented by experts. Read more

Mom and nanny: there is contact
We leave to the nanny the most expensive thing in the world, so the relationship with her is so important for a young mother. The quality of her work in general, and, more importantly, the mood of the baby depends on how the nurse feels in your home.

Sometimes, before between the parents and the new nanny peace and harmony prevail, there is a difficult mutual lapping. Read more

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Parental intuition plays a decisive role in choosing a person who will become almost native for your family for quite a long time. However, before you start looking for the right person, you need to clearly formulate the requirements that you are going to present to him, and correctly compile a list of questions.

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